Be Inspired Group Subscription Agreement.
1. INTRODUCTION
1.1 This agreement (this "Agreement" or the "Subscription Agreement") is a legal agreement between you and the Be Inspired Group ("Be Inspired Group"). The terms of this Agreement should be read in addition to the Terms of Membership of Be Inspired Group, which apply to all members of Be Inspired Group and are therefore incorporated into this Agreement.
1.2 All members that buy any Be Inspired Group services offered under this Agreement shall be referred to as "subscription members". The services offered to subscription members are bundled into different subscription packages and you understand that, subject to your statutory rights, the bundle of services that you may have chosen is not offered to you with any warranty as to description, capability or outcome.
1.3 Descriptions and definitions used in the Terms of Membership shall have the same meaning when used in this Agreement unless otherwise stated.
1.4 This Subscription Agreement governs your use of those services which are made available to subscription members from time to time through the Be Inspired Group website including updates and upgrades to such services (collectively "the services"). The services provided through the Be Inspired Group website and any other services offered by Be Inspired Group are operated by The UK College of Personal Development Limited, The Shaftesbury Centre, Percy Street, Swindon
SN2 2AZ, Wiltshire, UK, (Company Registration: 06761363. VAT: 923940715) or its affiliates. As used in this Subscription Agreement, "you" or "your" means you and anyone uses or operates who has access to use your account. You must be at least eighteen (16) years of age to subscribe to the services. If you do not agree to this Subscription Agreement without modification of its terms and conditions you may not subscribe to or use services.
1.5 The services to be provided by Be Inspired Group under this Subscription Agreement may vary according to the membership type that you have selected. The services are described on the website. Those services may also be available to members who are not subscription members but may be restricted in their use, access may be temporary or limited in some way. If you select a subscription membership type that does not entitle you to use certain of the services available to other subscription members, then you shall have no entitlement to use those services.
1.6 Your use of services will always be subject to the Be Inspired Group Community Values. However, they may be subject to additional terms, codes of conduct or guidelines including without limitation, particular features or offers such as chat areas (the "Additional Terms"). In order to use such services you must first agree to be bound by the Additional Terms (if any). Your acceptance of this Subscription Agreement also constitutes your acceptance of any Additional Terms applicable to any Service. In the event that anything in this Subscription Agreement conflicts with the Additional Terms then this Subscription Agreement shall take precedence.
2. MODIFICATION OF THIS SUBSCRIPTION AGREEMENT
In the event that Be Inspired Group desires to make any changes or additions to the terms and conditions of this Subscription Agreement, Be Inspired Group will notify its subscription members of such changes or additions and the intended date at which they will become effective. The form of such notification may be, but is not required to be, email, online via the Be Inspired Group website (for example, on Be Inspired Group's What's New area here >>) or other electronic notice. Your continued use of the services after the effective date of such changes or additions constitutes your acceptance of and agreement to such changes or additions.
3. NO UNLAWFUL OR PROHIBITED USE
3.1 You may not use services for any purpose that is unlawful or which is prohibited by the Terms of Membership or under this Subscription Agreement. Be Inspired Group reserves the right to withdraw your access to the services or part of them at any time, without notice, if you have used the services unlawfully or in a manner prohibited by Terms of Membership or under this Subscription Agreement.
3.2 You may not use services in any manner that could damage, disable, overburden or impair the website or any service within Be Inspired Group or interfere with any other party's use and enjoyment of services. You may not attempt to gain access to services which are not part of your selected subscription membership or where such access is not authorised by Be Inspired Group.
3.3 You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available to you by Be Inspired Group.
3.4 You agree to abide by all local, state, national and international laws and regulations which may apply to you or to your use of any services or membership of Be Inspired Group.
3.5 When using services you are subject to all the rules specified as applying to those services. This includes services operated by third parties through the website or through other websites. If another party reports that you have violated their rules, you agree that Be Inspired Group may deem this to be a breach of this Subscription Agreement.
3.6 You may not use simultaneous, unattended, or continuous connections to any of the services in such a way as to prevent the legitimate use or expectation of use of any services by another member.
4. USE OF SERVICES; OPERATION OF SERVICES
4.1 Under this Subscription Agreement you may gain access to and use any Forums on the website. These Forums may contain email services, bulletin boards, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others. You can only use services to Post Content, send and receive messages and information within the Terms of Membership and (as applicable) which relate to the particular Forum or services in which you are participating. By way of example only, services cannot be used in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise) unless explicitly authorised by the recipient, permitted under the Terms of Membership, permitted under this Agreement and which is within the law of England & Wales.
4.2 In using the services, you may not
(a) download any file posted by another member in circumstances where you know, or reasonably should have known, that you cannot legally download that file (or part of it) in such a manner;
(b) restrict or inhibit any other user from using and enjoying the services or any part of them;
(c) violate any code of conduct or other guidelines which may be applicable to any particular services;
(d) advertise or offer to sell or buy any goods or services for any business purpose, unless specifically permitted by Be Inspired Group by any message or communication posted on the website from time to time or otherwise agreed in writing.
5. SUPERVISION OF THE USE OF SERVICES
5.1 Be Inspired Group has no obligation to you to monitor, edit or moderate the use of services by its members. However, Be Inspired Group shall retain the right to review any and all Content posted to the website and to remove any materials in its sole discretion. Be Inspired Group reserves the right, at all times and in its sole discretion to edit, to refuse to put up on the website or to remove any information or Content from the website, in whole or in part.
5.2 Always use caution when giving out any personally identifiable information about yourself, children or any vulnerable person in the services. Be Inspired Group does not control or endorse Content posted by users or other third parties in their use of any services and, therefore, Be Inspired Group specifically disclaims any liability with regard to such Content, messages or information and any actions resulting from your participation in any services which permit posting of Content, messages or information.
5.3 Group Leaders (those members who initiate certain 'Groups', discussions, or other Forums) do not have authority to represent Be Inspired Group and their views do not necessarily reflect those of Be Inspired Group.
5.4 Materials including text, designs, logos, pictures or other representations uploaded to services may be subject to limitations applicable under the laws of England & Wales. You are responsible for adhering to such limitations if you download the materials.
5.5 Be Inspired Group has complete and sole discretion with respect to the operation of services. Be Inspired Group may, amongst other things:
(a) suspend your access to any or all services at any time, with or without notice, where any breach by you of this Subscription Agreement or of the Terms of Membership of Be Inspired Group is reasonably believed to have occurred;
(b) take any action (legal and/or technical) that Be Inspired Group deems appropriate to prevent bulk email from entering or leaving any Be Inspired Group email account and the network email system;
(c) delete any Content if your member's account has not been accessed by you within a time established by Be Inspired Group from time to time, in its sole discretion;
(d) not process any Content or messages due to space limitations;
(e) subject to the Statement of Privacy, make available to third parties information relating to Be Inspired Group and its members;
(f) automatically terminate the account of any members who are inactive for an extended period of time, that period to be determined by Be Inspired Group;
(g) withdraw, suspend, change, or discontinue any functionality or feature of Be Inspired Group;
(h) delete any file if it is reasonably believed that there are potentially harmful materials included within such attachment; and,
(i) limit access to any Service to ensure fair access for all subscription members. The amount of email and instant message storage space per subscription member may be limited therefore some email and instant messages may not be processed due to space constraints.
5.6 You agree that Be Inspired Group is not responsible or liable to you for the loss of, deletion of or failure to store, retain or accept messages or other information.
5.7 The use of any software that would prohibit any Be Inspired Group system or part thereof from performing as intended is prohibited.
6. CHARGES AND BILLING
6.1 Be Inspired Group bills you through an online account (your "Payment Account") for the services and / or Products obtained by you under this Agreement. You agree to pay Be Inspired Group all charges at the prices then in effect for the services and any Products ordered by you or other persons (including your agents) using your Payment Account and you authorise Be Inspired Group to charge your chosen payment method (your "Payment Method") for such Products and services. You agree to make payment using that selected Payment Method. You will have one billing statement available online (your "Online Statement") per Payment Account. Be Inspired Group reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If Be Inspired Group does not receive payment from the provider of your Payment Method you agree to pay all amounts due on your Payment Account upon demand.
6.2 You must provide current, complete and accurate information for your Payment Account in order to receive the Products ordered. You must promptly update all information to keep your Payment Account current and up to date and you must notify Be Inspired Group if your Payment Method is cancelled for any reason. You must also notify Be Inspired Group if you become aware of any breach of security in the use of your account or that of any other members.
Changes in your information can be made to http://www.paypal.com
6.3 If, having committed to purchase any services from Be Inspired Group, you fail to provide Be Inspired Group with any of the required information under clause 6.2 within a reasonable period of time, you understand and agree that Be Inspired Group may continue to levy charges against your Payment Account unless and until you have confirmed that you wish to terminate your subscription membership by notice in writing of not less than one month.
6.4 Prices for all Products and services exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are itemised on your Online Statement or charged to your Payment Account.
6.5 Currency exchange settlements will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If the amount to be charged to your Payment Account varies from the amount you have preauthorised, you have the right to receive, and Be Inspired Group shall so provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction.
6.6 Any agreement you have with the Payment Method Provider will govern your use of that Payment Method. You agree that Be Inspired Group may accumulate charges incurred during one or more of your monthly billing cycles and submit them as one or more aggregate charges at any time.
6.7 Be Inspired Group may submit to your Payment Account all periodic charges that are payable for any services for payment on a monthly basis without further authorisation from you and continue to do so until notice of termination of this authorisation is received from you by email or in writing if so requested. Notice of withdrawal of this authorisation will be acted upon as soon as is reasonably possible but will not relieve you of any liability to make any payments, liability for which had been incurred before withdrawal of the authorisation. To authorise your payment method or to change details, go to http://www.paypal.com.
6.8 Your continued use of the services affirms that Be Inspired Group is authorised to continue to charge your Payment Account. Be Inspired Group may submit those charges for payment and you will be responsible for payment. Those submissions will not waive Be Inspired Group's right to seek payment directly from you. Your charges for services are monthly, quarterly or yearly in advance, and the charges for any other Product may be payable in advance, in arrears, or as otherwise described when you initially ordered the applicable Product. Certain services which are offered from time to time may require the payment of additional fees and in ordering those services you agree to pay such fees as specified for such service.
6.9 You agree that Be Inspired Group may pass the details necessary for operation of this Agreement to designated service providers (where that is the case) for their use in charging you for appropriate services rendered. Charges on your Payment Account will be summarised for you on your Online Statement, described below.
6.10 The amount due to Be Inspired Group for your Payment Account must be paid in full by your Payment Method Provider on the date such payment has agreed to be made, or if not agreed specifically agreed to the contrary, all amounts owing shall become due and owing not later than 30 days after the billing date. You are not entitled to carry forward any balance. Be Inspired Group shall be entitled to recover interest accruing on any amount which has become due but remains unpaid at the rate of 8% per annum accruing on a daily basis. Be Inspired Group reserves the right to refer your Payment Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this Subscription Agreement and in collection of any amounts due but remaining unpaid, including reasonable legal fees and costs.
6.11 If Be Inspired Group does not receive payment for any charge to your Payment Account, you will be in breach of this Subscription Agreement. If your Payment Method Provider seeks return of payments previously made to Be Inspired Group, but Be Inspired Group, in good faith, believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be deemed to be in breach of this Agreement.
6.12 Be Inspired Group may, in its discretion, terminate, cancel, or suspend an accepted order if Be Inspired Group is notified that your Payment Method has expired or has been cancelled, or if Be Inspired Group has reason to believe that any Payment Account information provided to Be Inspired Group is untrue, inaccurate, not current or incomplete.
7. ONLINE STATEMENT
Should you choose to make any purchase through the Be Inspired Group website you can sign into http://www.paypal.com to view your Online Statement. Your Online Statement will be available according to the terms of your Payment Account Provider. Subject to applicable law, you agree that the Online Statement is the only statement of your Payment Account that Be Inspired Group needs to provide to you. YOU ALSO AGREE THAT IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR ONLINE STATEMENT AND TO RETAIN THIS COPY FOR YOUR RECORDS. Be Inspired Group will use commercially reasonable efforts to correct any technical failures relating to an Online Statement within a reasonable time. However, your inability to view an Online Statement does not extend, or relieve you of, your obligation to pay any amounts owing to Be Inspired Group. Unless you notify Be Inspired Group of any error within 120 days after it first appears in any Online Statement, such statement will be deemed accepted by you for all purposes, including resolution of enquiries made by your Payment Method Provider. TO THE EXTENT ALLOWED BY LAW, YOU RELEASE BE INSPIRED GROUP FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR THAT IS NOT REPORTED TO BE INSPIRED GROUP WITHIN 120 DAYS AFTER THE ERROR FIRST APPEARS ON YOUR ONLINE STATEMENT.
8. EXCLUSIONS OF LIABILITY, LIMITATION AND WAIVERS
8.1 Other than liability for the causing of death or injury to any person by any act or omission of Be Inspired Group, or for any fraudulent misstatement by Be Inspired Group or made through the website, Be Inspired Group excludes and disclaims all liability for any consequential loss or damage, including loss of chance, of opportunity and of profit howsoever caused, whether arising directly or indirectly from your purchase or use of the software. In the event that Be Inspired Group are liable to you resulting from the purchase of any software, the damages payable shall not exceed the total amount that you paid for that software.
8.2 Be Inspired Group may make changes to the services and to the information contained in the website at any time and may do so without notice.
8.3 Be Inspired Group does not routinely edit or moderate any Content of the website supplied by members although Be Inspired Group will respond to complaints concerning Content from visitors or members. Therefore:-
YOU SPECIFICALLY AGREE THAT BE INSPIRED GROUP IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES INCLUDING DIRECT AND INDIRECT LOSSES, OR FOR OFFENSE CAUSED, OR FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT UPLOADED TO THE WEBSITE BY A PARTY OTHER THAN BE INSPIRED GROUP, OR FOR ANY INFRINGEMENT OF THE RIGHTS OF ANOTHER, INCLUDING INTELLECTUAL PROPERTY RIGHTS ARISING FROM THE CONDUCT OF A PARTY OTHER THAN BE INSPIRED GROUP.
8.4 Be Inspired Group's liability to you for breach of this Agreement is limited to the amount paid by you under this Agreement. You agree to release Be Inspired Group from any and all obligations, liabilities and claims in excess of this amount in any case where Be Inspired Group is held to be liable in a jurisdiction which (under the law of that place) does not allow there to be any exclusions or limitations of liability for the making good of any wrong or damage including any financial losses resulting. Your exclusive remedy in such a case shall be that you may end your Subscription Agreement.
8.5 You agree that Be Inspired Group may establish limits concerning use of any services, including (without limitation) the maximum number of days that email messages will be retained, the maximum number of email messages that may be sent from or received by an account, the maximum size of an email message that may be sent from or received by an account, the maximum disk space that will be allotted on Be Inspired Group's servers on your behalf either cumulatively or for any particular service, such as for storing digital photographs, and the maximum number of times and duration you may access any Be Inspired Group service in a given period of time.
8.6 You agree that Be Inspired Group has no responsibility or liability for the deletion, corruption or failure to store any messages or other Content maintained or transmitted by any the services.
8.7 You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any service may change at any time. For the most up to date information on any service, please refer to the Terms of Use for that service.
8.8 You acknowledge that Be Inspired Group reserves the right to sign out, terminate or delete your Submissions (or some of them where your membership has remained "inactive" or has been inactive in particular services for which you have subscribed over an extended period of time. This provision will apply even if you continue to maintain your subscription to the services. "Inactive" means that you have not signed in to a particular service for an extended period of time, as determined by Be Inspired Group, in its sole discretion. The amount of time that Be Inspired Group currently considers as an "extended" period of time is determined based on the particular service to which it pertains, or other user information relating to the particular service.
9. TERMINATION OF SUBSCRIPTION
9.1 Be Inspired Group reserves the right, in its sole discretion, to suspend and / or terminate your subscription to services at any time, with or without notice for any breach of this Agreement or of the Terms of Membership or of any of the terms applicable to the services for which you have subscribed.
9.2 Upon termination of your subscription to services your right to use services immediately ceases. Be Inspired Group shall have no obligation to maintain any Content or to forward any unread or unsent messages to you or any third party.
9.3 You may terminate your Be Inspired Group subscription at any time, with or without cause, upon notice to Be Inspired Group, provided that you are responsible for all charges, which have been submitted prior to your notice of termination, as set forth below. If you are participating in any trial period offer, you must terminate your Be Inspired Group 'services' subscription prior to the end of the applicable trial period in order to avoid incurring service or any other applicable charges, and if you fail to so terminate then you hereby authorise Be Inspired Group to charge your Payment Method for your subscription.
9.4 Certain Be Inspired Group promotions or plans may require termination or cancellation charges, and you agree to pay all such termination or cancellation charges as specified in the materials describing such promotion or plan.
9.5 Termination, cancellation or suspension of your subscription, whether by you or Be Inspired Group, will not alter your obligation to pay all charges made to your Payment Account before such termination, cancellation or suspension (including charges made after termination by you but before Be Inspired Group could reasonably act on your termination notice). You will not be entitled to any refunds upon termination, cancellation or suspension of your subscription.
10. 'SPAM' AND DAMAGES FOR SPAM
Be Inspired Group may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any 'spam' or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Be Inspired Group liquidated damages equal to two pounds sterling (£2.00) for each piece of 'spam' or unsolicited bulk email transmitted from or otherwise connected with your account. Otherwise you agree to pay Be Inspired Group's actual damages; to the extent such actual damages can be reasonably calculated. You agree that Be Inspired Group may charge such damages to your selected Payment Account.
11. NOTICES, CONSUMER DISCLOSURES, AND CONSENTS REGARDING ELECTRONIC INFORMATION
11.1 Notices given by you to Be Inspired Group must be given by email to Be Inspired Group and addressed to info@BeInspiredGroup.com, or by postal mail. Notices to Be Inspired Group by postal mail must be sent to The Be Inspired Group The UK College of Personal Development, The Shaftesbury Centre, Percy Street
Swindon, SN2 2AZ, UK.
11.2 All information that Be Inspired Group is required to send to you will be provided to you in electronic form. Any further information that Be Inspired Group may be required to provide to you will be provided by making available the information:
(a) to the extent permissible, through the website; or
(b) by publishing through the website where such information can be found; or
(c) by email to the email address supplied by you if (a) and (b) are not applicable or allowable under any rule of law unless Be Inspired Group is under to supply the said further information or correspondence in any other form or format.
11.3 When successfully joining Be Inspired Group, you will have notified your email address and installed or have had on your computer, Internet Explorer VERSION 6.0 OR ABOVE. Each of these items is necessary in order for you to receive information that Be Inspired Group may be obliged to provide to you. Therefore you understand that you must ensure your computer is capable of receiving and storing such information received in electronic form from Be Inspired Group. You understand and accept that, in the event that the website and any services provided through it are to be updated enhanced or improved, you must ensure that your computer (or other portable device) will remain capable of access to and use of the website by ensuring that it meets with the minimum recommended specifications that may be published by Be Inspired Group.
11.4 You agree that by accepting the terms of this Agreement you consent to receiving legally required information by the methods described above. If you withdraw this consent, Be Inspired Group may give you notice of termination of your membership.
12. GENERAL
12.1 You represent and warrant that:
(a) you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract;
(b) all information that you submit is true and accurate; and
(c) you are an individual authorised to use the Payment Method.
12.2 Be Inspired Group may:
(a) generate print copies of its electronic records and introduce them in evidence as original documents; and
(b) prove your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which you must have provided consent or engaged in a course of conduct to obtain your access to the services or any other Product.
12.3 Claims for enforcement, breach or violation of duties or rights arising under this Agreement shall be adjudicated under the laws of England. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be subject to the exclusive jurisdiction of the courts in England & Wales.
12.4 You agree that no joint venture, partnership, employment, or agency relationship exists between you and Be Inspired Group as a result of this Subscription Agreement or use of services.
12.5 You agree not to represent yourself to be a representative, agent, or employee of Be Inspired Group and that Be Inspired Group will not be liable by reason of any representation, act or omission to act by you.
12.6 Be Inspired Group reserves the right to disclose any personal information about you or your use of services, including its Content, without your prior permission if Be Inspired Group believes on reasonable grounds that such action is necessary to conform to legal requirements or comply with legal process or any governmental request.
12.7 Be Inspired Group's performance of this Subscription Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Be Inspired Group's right to comply with governmental, court and law enforcement requests or requirements relating to your use of any services or information provided to or gathered by Be Inspired Group with respect to such use.
12.8 If any part of this Subscription Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Subscription Agreement shall continue in effect.
12.9 Be Inspired Group may assign this Subscription Agreement, in whole or in part, at any time with or without notice to you. Unless specifically stated otherwise by Be Inspired Group on the website, membership or any rights under this Agreement shall not be transferrable. You may not assign this Subscription Agreement, or assign, transfer or sublicense any rights in your Payment Account.
12.10 Unless otherwise specified herein, this Subscription Agreement constitutes the entire agreement between you and Be Inspired Group with respect to Be Inspired Group and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Be Inspired Group with respect to Be Inspired Group.
12.11 A printed version of this Subscription Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Subscription Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
12.12 The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
© 2010 The Be Inspired Group / The UK College of Personal Development Ltd.
All rights reserved
Registered Company Number: 06761363
VAT Number: 923940715
Registered Address:
Be Inspired Group
(The UK College of Personal Development)
2nd Floor (Unit 2), The Forum, Marlborough Road, Old Town, Swindon, SN3 1QN
Contact Information:
Tel: +44 (0) 844 414 2507
Email: info@beinspiredgroup.com
|